TAA Decision 72453
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,453
PEROT SYSTEMS
DATA CENTER OPERATIONS DEPARTMENT
PLANO, TEXAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on September 30, 2009, by three workers on behalf of
workers of Perot Systems, Data Center Operations Department,
Plano, Texas. The workers provided information technology
support to the subject firm.
The investigation revealed that workers of Perot Systems,
Data Center Operations Department, Plano, Texas, who are
engaged in employment related to providing information
technology support to the subject firm meet the criteria for
certification.
Criterion I has been met because a significant portion of
the information technology worker group have been laid off.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country services like or directly
competitive with services supplied by the workers.
Criterion III has been met because the shift of
information technology services to India by Perot Systems,
Data Center Operations Department, Plano, Texas, contributed
importantly to worker group separations at Perot Systems, Data
Center Operations Department, Plano, Texas.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Perot Systems, Data
Center Operations Department, Plano, Texas, who are engaged in
employment related to the provision of information technology
support services meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
"All workers of Perot Systems, Data Center Operations
Department, Plano, Texas, who became totally or partially
separated from employment on or after September 28, 2008,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 18th day of November, 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance